INTRODUCTION AND ACCEPTANCE
Please read the following terms and conditions of use (“Terms”) carefully as the Terms are a legal agreement between you and NMS Consulting, Inc. ( collectively “NMS Consulting”). If you do not agree to these Terms, please do not access or otherwise use this Site.
By accessing or using any portion of NMS Consulting’s website, with its homepage located at www.nmsconsulting.com, (the “Site”) you consent and agree that your access to or use of the Site is acceptance of these Terms and your access to or use of the Site is subject to and governed by the Terms and all applicable laws.
NMS Consulting may, without notice to you, at any time revise these Terms and information contained on the Site by updating this posting. NMS Consulting may also make alterations to, changes, or deletions of any product, service or program described on this Site at any time and for any reason without notice.
These Terms are effective as of December 11, 2018.
The Site may, from time to time, contain hyperlinks (“Link”) to other websites operated and maintained by unrelated or related parties other than NMS Consulting. Such Links are provided for reference and convenience only and the presence of such Link on this Site does not imply or mean that NMS Consulting endorses the content, policies, operator, or operation of these websites. NMS Consulting does not control and is not responsible for the contents, availability, or policies of any website accessed via a Link, including any Link’s to social media sites (such as Facebook or Twitter) even if the Link is to page where a NMS Consulting employee participates in their personal capacity. NMS Consulting makes no warranties, representations, or other commitments about any non-NMS Consulting websites. Furthermore, NMS Consulting is not a party to or responsible for any access, use or transactions you may engage in with third parties, even if you learn of such parties from this Site. You acknowledge and agree that NMS Consulting is not liable for the websites associated with Links on this Site and your sole remedy for use, access, or transactions on such a website is against that website or its owner.
Third party, non-NMS Consulting websites, even those that may contain NMS Consulting’s name or logo but are simply linked from this Site, that are accessed via a Link are independent of NMS Consulting. It is solely your responsibility to protect yourself from any and all virus, potentially destructive programs, or use of your information as you deem appropriate.
BLOGS AND OTHER FORUMS
NMS Consulting may from time to time present blog postings or create forums (collectively “Forums”) in which you can post messages (“Comments”) or read Comments posted by other users or engage in live conversations with the forum authors or others. Forum topics and Comments may be originated by NMS Consulting and other Forum topics and Comments may be originated by you or other users. NMS Consulting does not endorse and specifically disclaims any responsibility or liability for any content posted on the Forums, including Comments, whether first created or selected by NMS Consulting or by you or another user.
NMS Consulting has no obligation to monitor the Forums or Comments posted, however, it may from time to time, for any reason, monitor such Forums. NMS Consulting does not guarantee that it will post or continue to post every Comment or content contained in the Forum. NMS Consulting specifically reserves the right to edit, abridge, or delete postings for any reason.
By posting a Comment or engaging in any other form of communication through a Forum, you are granting NMS Consulting a perpetual, royalty-free, fully paid-up, world-wide, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, disclose in any manner, sublicense, create derivative works from, transfer, and sell any such messages, files or communications. NMS Consulting retains all rights to remove or retain any posting or communication to a Forum in its sole discretion.
Forums are provided to you without charge and you agree to be fully responsible for your own postings and agree that access or use of the Forums is at your own risk on an as-is basis and subject to these Terms in full.
YOUR CONDUCT AND RESPONSIBILITY
You agree that your access or use of the Site:
- Will comply with and in no way violate the laws of the jurisdiction from which you are accessing the Site or any applicable local, state, national or international law in connection with your use of the Site;
- Will ensure that your representations contained in these Terms are accurate;
- Will only submit information that you are legally entitled to submit;
- Will not collect or use information about users of the Site without such users express consent
- Will not republish, upload, post, transmit, distribute or reappropriate content available on the Site, whether posted by West Monroe or by third parties, without the express, prior, written permission of the applicable party and proper attribution;
- Will not restrict or inhibit any other visitor of the Site, including without limitation, by means of “hacking” or defacing any portion of the Site;
- Will not express or imply that your statements, or actions regarding use or access to the Site are endorsed or condoned by West Monroe;
- Will not modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- Will not “frame” or “mirror” any content available on the Site; or
- Will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the content available on the Site.
In addition to your obligations stated above, your use of a Forum obligates you to:
- Post only messages that relate to the subject matter of the Forum;
- Not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- Not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Not post messages that contain material that is inappropriate, profane, defamatory, infringing, obscene, or indecent, including without limitation content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- To give attribution to others when you quote or paraphrase materials owned by others;
- Not upload files, or cause users to upload files, that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another’s computer;
- Not advertise or promote any goods or services in the Forums, including without limitation, “junk mail”, “spam”, “chain letters”, “pyramid schemes,” contests or distribution of chain letters;
Further you represent:
- You are responsible for all activities that occur or are related to your access or use of the Site;
- You are eighteen years or older (or the minimum legal age in the jurisdiction in which you are viewing this Site) and legally able to enter into these Terms; and
- You have the lawful right to make any and all submissions you make to the Site.
Unless expressly stated otherwise herein, any and all information submitted by you through this Site, including without limitation Comments as defined herein, will be deemed non-confidential and non-proprietary and NMS Consulting will have no obligation or duty to maintain the confidentiality of such submissions. By sending NMS Consulting any information or material, you grant NMS Consulting an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, disclose in any way, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that NMS Consulting is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. NMS Consulting may, without any obligation to you for compensation, accounting, or otherwise, develop, use and freely disclose or publish similar ideas as contained in your submission and NMS Consulting has no liability to you for disclosure of such submissions or ideas contained therein. Because of the open nature of the Internet and availability of this Site on the Internet, we recommend that you not submit information you consider confidential or proprietary. In the event that NMS Consulting has a pre-existing business relationship with you, you should understand that any such submission to this Site (unless expressly stated otherwise herein) will be considered a public disclosure and not subject to any agreement related to confidentiality.
NMS Consulting makes no warranties or representations of any kind concerning this Site or the information contained herein and, without limiting the foregoing, the Information is not promised or guaranteed to be correct, current, complete and may contained technical inaccuracies or typographical errors. Furthermore, NMS Consulting makes no assurances that any reported problems will be resolved, even should NMS Consulting elect to provide information with the goal of addressing an issue. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.
THIS SITE AND THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES CONTAINED IN THIS SITE ARE PROVIDED “AS IS” AND NMS CONSULTING EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ADVISED OF THAT PURPOSE), INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, INTERFERENCE WITH ENJOYMENT, OR OTHERWISE. NMS CONSULTING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NMS CONSULTING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
NO CLIENT RELATIONSHIP
Access to or use of this Site does not create a client relationship between NMS Consulting and you. The information provided on this Site is free of charge, is not professional advice or advice of any kind, and is provided for informational purposes only. Any use you make of the information provided on this Site is at your own risk.
The Site and all of its contents including, but not limited to, all text and images (“Content”) are owned by or properly licensed to NMS Consulting with all rights reserved unless otherwise expressly noted. Any Content that is a trademark, logo, or service mark is also registered, or if unregistered, then is a trademark or service mark of NMS Consulting in common law. Other company names mentioned or referenced on the website may be trademarks or trade names of their respective owners. Nothing contained in this Site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of NMS Consulting or any third party. The Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of NMS Consulting, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.
ALLOCATION OF RISK AND DISCLAIMER OF LIABILITY
IN NO EVENT WILL NMS CONSULTING BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE OR ANY USE OF THIS SITE, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF NMS CONSULTING IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
You agree to indemnify, defend and hold NMS Consulting, its affiliates and the officers, directors, employees, agents and representatives of NMS Consulting and its affiliates harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the Terms; (b) your use of the Site; or (c) your violation of the rights of any third party or applicable law. Given the nature of these Terms, you understand and agree that, in addition to money damages, NMS Consulting will be entitled to equitable relief upon a breach of them by you.
Any notices, comments, questions or concerns should be directed via email to firstname.lastname@example.org.
This Site is operated by NMS Consulting from California and NMS Consulting makes no representation that materials in this Site are appropriate or available for use in other locations. If you access this Site from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms are personal to you, and you may not assign your rights or obligations to anyone. If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms, your rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the State of California and associated laws thereto, as if the Terms were a contract wholly entered into and wholly performed within the State of California, without reference to its conflict of law rules. Irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in California. Use of this website is unauthorized in any jurisdiction that does not affect to all provisions of these Terms, including without limitation this paragraph.
Section headings are for convenience only and will not in any way limit the scope or affect the interpretation of any provision of these Terms. No waiver by NMS Consulting will be construed as a waiver of any proceeding or succeeding breach of any provision. Each provision of the Terms will be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. These Terms will be severable and construed to the extent of their enforceability in light of the parties’ mutual intent if deemed at all unenforceable by the competent court. These Terms will supersede any subsequent terms or conditions included within this Site. We intend that these Terms constitute the entire agreement between NMS Consulting and you regarding the subject matter contained herein.